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GENERAL TERMS AND CONDITIONS
 
This document contains the General Terms and Conditions for the Policy You have subscribed to. Any ‘Bold’ text that You come across in this document has been defined in section C. Definitions.
 
Your Policy is made up of Your Policy Schedule and these General Terms and Conditions, both of which you have/will received/receive by email upon the purchase of this GAP Insurance. These can also be accessed at any point in time via the My Account after Your purchase.
 
You have/will purchase this contract from PSA Insurance Solutions Ltd. which is an online sales platform. PSA Insurance Solutions Limited is an Agent acting for PSA Insurance Ltd.
 
Your Policy Schedule provides details of Your Vehicle and when the cover will begin and end. Please make sure that at any point in time the details are correct.
 
Please read this General Terms and Conditions carefully and make sure You understand and fully comply with its terms and conditions as failure to do so may jeopardise the payment of any claim which might arise and could lead to the Policy becoming void.
 
GAP Insurance is an all risks insurance, meaning that You are covered for any cause resulting in the insured event described in Section D
What are You covered for, except for those events specifically excluded in section F. What is NOT covered and in section G. General Exclusions list of this Insurance Policy
C. DEFINITIONS
 
The words or expressions detailed below have the following meaning wherever they appear in this Policy and will appear in Bold.
 

Agent: means PSA Insurance Solutions Ltd., a company authorised to act as an Insurance Agency for PSA Insurance Ltd. and carry on insurance intermediation in Germany under the freedom to provide services provisions by the Malta Financial Services Authority (MFSA) under Registration no C83206. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta. The Agency operates under freedom of services in Germany.

Anniversary Date: means the day after the current Period of Insurance will expire.

Claim Limit: is the maximum amount that You can be compensated for under this Policy. These are explained in Section E. What is Your Claim and shown on Your Policy Schedule.

Cooling off Period: means the period of thirty (30) full calendar days from the Effective Date or from the day You receive Your Policy, if this is provided after the Effective Date, during which You can cancel this Policy without having to explain Your reasons.

Effective Date: the date on which the covers shall take effect.   

Eligibility Criteria: refers to the set of requirements that need to be in place for You to subscribe to and benefit from this Policy.

Geographical Limits: means the area in which this Policy is providing You cover as described in Your Policy Schedule.

Insured Event: means the event which results in a Total Loss.

Insurance Policy: refers to Your Policy Schedule/s and these General Terms and Conditions

Insurance Premium: this is the price You paid for the cover provided under this Policy including any taxes/fees due to the respective authorities in the country where this Policy is purchased.

Insured/You/Your: means the person named in the Policy Schedule who must be 18 years old or older at the time of subscription.

Insurer/We/Us/Our: PSA Insurance Ltd., a company authorised by the Malta Financial Services Authority to carry on business of insurance under Registration no. C44567. Registered Office: MIB House, 53, Abate Rigord Street, XBX1122 Ta’ Xbiex, Malta. The Insurer operates under freedom of services in Germany.

Loss/Consequential Loss: means any costs which are directly or indirectly caused by the Insured Event which led to Your claim unless specifically stated in this Policy.

Motor Insurer: Your Insurer who provides cover, as a minimum, for damage suffered by Your Vehicle as well as the risks of fire and theft.

My Account: means the secure area on the website www.psa-insurance-solutions.de/my-account, which You may access by entering a username and password. It contains Your Policy, together with any other documents for the administration of Your Policy.

Period of Insurance: means the dates between which this Policy is in force as highlighted in Your Policy Schedule.

Policy Schedule: means the document containing the details related this Policy based on the information You provided.

Private Use: means Vehicles that are not used for the carriage of persons and/or goods against payment. For the avoidance of doubt, this excludes amongst others: taxis, ambulances, driving schools, short-term rentals and delivery vehicles.

Renewal Notice: means the renewal notification which We will send to the email address You provided Us during subscription.

Surveyor/Report: means the expert or the report prepared by the expert appointed by Your Motor Insurer/Us.

Total Loss: The Insured Vehicle is considered to have suffered a Total Loss whenever:

  • The cost of repair of the Insured Property is higher than 80% of the value as determined by an Expert for a vehicle identical in age, with the same characteristics and in the same conditions of wear and tear (Value according to Expert Opinion);
  • The insured Vehicle is considered technically irreparable by the Expert;
  • The insured Vehicle has been stolen and has not been found within thirty (30) days of the date on which the theft was reported to the competent authorities.

Unutilised Share of Premium: is equal to Your Insurance premium including any taxes, fees and parafiscal charges, which You have already paid multiplied by the Number of remaining days covered by Your latest payment and then divided by the total Number of days covered by Your latest payment.

Vehicle: refers to the vehicle described in Your Policy Schedule, which is covered by Your Motor Insurer.

  
During the Period of Insurance, We will cover the Loss/Consequential Loss which is directly or indirectly caused by the Insured Event up to the Claim Limit depending on the level of cover chosen during subscription:
 
  
Your compensation under this Policy will be subject to the Claim Limits below:
 
E.1. The indemnity will amount to a maximum of 7,000€ (Seven thousand) / 5,000€ (Five thousand) / 2,500€ (Two thousand and five hundred euros) depending on the level of cover chosen during subscription. Your Claim Limit is shown on Your Policy Schedule.
 
  
We will NOT cover You if: 
 
F.1. The Insured Event does not result in a Total Loss.
 
F.2. The Insured Event is not covered by Your Motor Insurer. 

 

We will not cover the Total Loss resulting from or if:
 
G.1. The driver of the Vehicle is under the influence of alcohol, narcotics, plants or un-prescribed drugs as defined by the Legislation within the Geographical Limits.
 
G.2. The Total Loss occurs outside the Geographical Limits or the Period of Insurance.
 
G.3. The Total Loss occurs whilst the driver is not in possession of a valid driving licence.
 
G.4. The Total Loss of whatsoever nature arising directly or indirectly, in whole or in part, due to any act or omission which is wilful, unlawful or gross negligent on Your part.
 
G.5. Any malicious damage claim, which is not accompanied by a valid and substantiated police report.
 
G.6. The Total Loss occurs during sport trials of any kind.
 
G.7. Riots, Strikes and Civil Commotion.
 
G.8. War, Acts of War and Terrorism.
H. HOW TO MAKE A CLAIM AND YOUR CLAIM CONDITIONS
 

You must comply with the following instructions to have the full protection of Your Policy. If You do not comply with them, We may refuse to deal with Your claim.

H.1. In the event of a Total Loss, please contact the Insurer to report Your claim via this link: www.psa-insurance-solutions.de/my-account.

H.2. You must report Your claim within 10 days from when You incur the Total Loss.

H.3. You must provide the Insurer with the following documents:

H.3.1. Proof of claim settlement by Your Motor Insurer.

H.3.2. A copy of the Surveyor Report.

H.3.3. A police report, if applicable.

H.3.4. Any further documents that the Insurer may deem required.

H.4. We hereby undertake to pay You the indemnity to which You are entitled within thirty (30) days of the date of receipt of the notification, provided that You have provided Us with all the supporting documentation required in list H.3 above, and that Your claim is covered.

I. GENERAL CONDITIONS
 

I.1. Duty of Care

You must take reasonable precautions to avoid further damage in the event of an Insured Event.

I.2.  Servicing Requirements

All reasonable steps must be taken to avoid any further Loss.

I.3. Fraud

You must not act in a fraudulent manner. If You, or anyone acting for You:

  • Make a claim under the Policy knowing the claim to be false, or fraudulently exaggerated in any respect; or
  • Make a statement in support of a claim, knowing the statement to be false in any respect; or
  • Submit a document in support of a claim, knowing the document to be forged or false in any respect; or
  • Make a claim in respect of any Total Loss caused by Your wilful act, or with Your connivance.

Then:

  • We shall not pay the claim;
  • We shall not pay any other claim which has been made or will be made under the Policy;
  • We may at Our option declare the Policy void;
  • We shall be entitled to recover from You the amount of any claim already paid under the Policy;
  • We shall not make any return of Insurance Premium;
  • We may inform the police of the circumstances.

I.4. Duty of Disclosure

The Policy has been issued based upon information, which You have given Us about Yourself and Your Vehicle. You have a duty to tell Us of any change to this information in particular any of the following; change [of email or address], or use of the Vehicle e.g. being used for private hire, as failure to do so may invalidate Your cover under this Policy. We will then advise You of any change in terms. You must notify Us of any change in the information You provided to us as soon as You become aware of the change.

I.5. The Law Applicable to this Policy

Unless some other law is agreed in writing, this Policy is governed by German law. If there is a dispute, it will only be dealt with in the German courts at Your domicile or – if You do not have a domicile – at the place of Your common habitation.

I.6. Statute of Limitations

All legal actions arising under an insurance contract are barred by limitation of three (3) years after the event that gave rise to them.  The limitation is dictated by the Law in Germany and as such neither We nor You can change the term or the causes of suspension to this period.

However,

I.6.1. in case of non-disclosure, an incomplete declaration, misrepresentation or an inaccurate declaration from Your part concerning the risk insured, this time period shall run from the date on which We became aware of this;
 
I.6.2.  in case of a claim, this time period shall run only as from the date on which the We/You became aware of the same, if We/You can prove that they were unaware of it until such time.
 

Where Your action against the Insurer is the result of a right of remedy exercised by a third party, the limitation period shall run as from the date on which the said third party brought legal action against You or was compensated by the Insurer.

The limitation period is interrupted by any of the ordinary causes of interruption of the limitation period and by the appointment of Surveyors following an insured Loss. The limitation period may also be interrupted by the dispatch of a registered letter with acknowledgement of receipt or email, forwarded by the Insurer to the Insured where it concerns action for payment of the Insurance Premium, and by the Insured to the Insurer where it concerns payment of the indemnity.

 

You/We may terminate or Cancel Your Policy in the following cases:

How and what will We be refunding You

K.1. You may cancel Your Policy during the Cooling-off period subject that You have not reported any claim during this period.

Complete the form in the queries section of the website: www.psa-insurance-solutions.de/queries or send a registered letter within thirty (30) days from the day on which You receive Your Policy. Here is an example of what You can write to request the cancellation:

“I the undersigned [First Name and Surname], resident at [Address], hereby declare that I wish to cancel, the insurance policy [Policy Number].

Date [Please complete]
Signature [Your signature]"

Provided that You have not reported any claims We will refund You Your Insurance Premium.

K.2. We may terminate Your Policy on the Anniversary Date.

We must send a notice of termination by means of registered letter or by email notification at least one (1) month prior to the Anniversary Date.

K.3. You may Terminate Your Policy at any time in the future and for any reason during the Period of Insurance subject that You have not reported any claims

Complete the cancellation form in the queries section of the website: www.psa-insurance-solutions.de/queries.

Provided that You have not reported any claims We will refund You, within thirty (30) days, the proportionate unutilised share of Your Insurance Premium.

K.4. We may cancel or Terminate Your Policy in the event that You have intentionally or unintentionally undisclosed or misrepresented information about the risk to Us.

Your Policy will be declared null and void in case of intentional non-disclosure or misrepresentation on Your part, whenever such non-disclosure or misrepresentation changes the subject of the risk or causes Us to view the same less favourably, even if the risk which You failed to disclose or misrepresented had no influence on the Loss.

In case of any unintentional incomplete or inaccurate declaration on Your part noticed prior to any Loss, We reserve the right to either retain Your Policy in return for an increase in the Insurance Premium, or to terminate the Your Policy one (1) month after notice has been given by means of registered letter, refunding the portion of Insurance Premium paid for the period of time in which Your Policy is no longer in force.

K.5. We may Terminate Your Policy in the event that You do not pay part or all of Your Insurance Premium.

We reserve the option of sending You a registered letter giving formal notice, and if the Insurance Premium due is still not paid:

1. If the unpaid premium is the first one accrued under the agreement, or the single premium We may at our sole discretion:

  • Terminate the agreement or;
  • Continue claiming the premium.

You will not be covered by the insurance unless and until payment is effected.

2. If the premium is accrued during the term of the agreement and you fail to regularize the payment within one month as from the date the installment falls due we may at our sole discretion:
 
  • Terminate the agreement or;
  • Claim the amount due; in such case, the insurance will be suspended until 24 hours after the payment has been effected.

K.6. We may terminate Your Policy in the event that there is a direct or indirect disclosed change in risk which is not compliant with the Eligibility Criteria of this Policy.

 

We will send You a notice of termination within 1 (one) month from receipt of Your disclosed change request.

Provided that You have not reported any claims We will refund You within thirty (30) days the proportionate unutilised share of Your Insurance Premium.

K.7. We will terminate Your Policy in the event that the subject of this Policy is destroyed or no longer belongs to You.

 

This Policy is subject to German law.

For any request related to this Policy, You may contact Us by using the form accessible in the complaints section of the website: www.psa-insurance-solutions.de/complaints.

We hereby undertake to acknowledge receipt within ten (10) working days and to deal with Your complaint within thirty (30) days of receipt of all the documents necessary in order to examine the same.

If You are not satisfied with the response given by Us to Your complaint, You may:

Bundesanstalt für Finanzdienstleistungsaufsicht
Straße: Graurheindorfer Straße 108
Postleitzahl: 53117 Bonn
Telefon: +49 (0) 228 / 4108 - 0
Fax: + 49 (0)228 4108-1550
E-Mail:poststelle@bafin.de

At any point in time, You retain the right to refer any dispute related to this Policy to the German courts.

 

During the online subscription, You consent and agree freely and without reservation to the personal data process done by Us.

We inform You that Your data is collected and processed by PSA Insurance Limited, as the Data Controller, for the following purposes: (i) the conclusion, management and execution of Your Insurance Policies, (ii) the fight against money laundering (iii) combating insurance fraud, and (iv) analyzing Your data and cross-referencing it with those of our partners to improve our products and services. The recipients are PSA Insurance Solutions, PSA Insurance Manager and PSA Services.

Your data, which is kept for the duration necessary for these processing which will not exceed 10 (ten) years starting from the final Expiration Date or the last communication with the client depending which event occurs last.

We inform You that, when taking out an Insurance Policy, the answer to certain questions is mandatory. In the event of false declarations or omissions, the consequences for You may be the nullity of Your contract or the reduction of the indemnities paid.

You have the right to access, rectify, delete and Your data, a right of portability of Your data, as well as a right of limitation and opposition to processing. You may exercise Your rights by sending an email to psainsurance-privacy@mpsa.com or by mail to Data Protection Officer, PSA Insurance, 53, MIB House, Abate Rigord Street, Ta Xbiex, XBX1122.

You also have the right to lodge a complaint with the competent national supervisory authority.

We have policies, standards and procedures in place which support the GDPR principles in relation to the protection of customer data.

 

The conclusion of the Insurance Policy on the website www.psa-insurance-solutions.de represents the supply of a service consisting of a remote insurance transaction [1].

A service consisting of a remote insurance transaction is said to have been supplied whenever insurance transactions are supplied to an Insured, who is a natural person not acting in any commercial or professional capacity, as part of a system for remote selling or provision of services organised by the Insurer or insurance intermediary who, for this particular Policy, uses remote communication technology only, and this up until, and inclusive of, the conclusion of the Policy.

This Policy was purchased on PSA Insurance Solutions Ltd. website following Your review and acknowledgement of all the necessary pre-contractual information.

By choosing to purchase the Policy online, You agree to use electronic means for the conclusion and maintenance of Your Insurance Policy [2].

To connect to Your My Account, You must use the username that You were provided with and Your password. It is up to You to ensure that this information remains confidential and to safeguard the security of Your account. To do so, You must keep this information confidential, log off after every session and change Your password regularly.

Furthermore, by agreeing to an electronic relationship, You have expressly agreed to receiving correspondence from Us by email. The email address that You gave may be used for the dispatch of such emails. Thus, You undertake: (i) in case You change Your email address, to inform us as soon as possible by changing Your personal contact details in Your My Account; (ii) to regularly check the messages sent to this email address.

We shall moreover maintain the electronic documents for the entire statutory document maintenance period. You may therefore, during this period, ask us to forward these documents in electronic format to You by contacting our services CustomerServices-de@mpsa.com.

Documentary evidence agreement

Pursuant to the regulations in force, We would like to inform the Insured that clicking on VALIDATE and on "ACCEPT and SUBSCRIBE" is the equivalent of an electronic signature.

You hereby acknowledge:

  • that the receipt of Your Policy in an electronic mail sent to the email address that You have provided, indicating the fact that Your Policy was signed electronically, and have been made available in Your My Account is the equivalent of the submission of the said documents.
  • that the fact that the documents are downloadable in PDF format and printable means that the character of the medium thus communicated meets the criteria of integrity and durability as required by law;
  • that the identification resulting from the declaration of Your identity, address and email address equates to identification [3].
  • that in case of any dispute, the data transmitted by You and the electronic certificates and signatures or exploitation of the log used in the context of the digital services are admissible to the courts and will provide evidence of the data and facts that they contain and of the signatures and authentication procedures expressed by them;
  • that in case of any dispute, the time stamps or exploitation of the log are admissible to the courts and provide evidence of the data and facts that they contain. Evidence of the connections made by You and of other elements of identification or actions taken by You will be established as and when necessary with the aid of the connection logs kept by the Agent and of the computer records retained for such purposes.
You hereby expressly acknowledge the fact that by having clicked on the buttons VALIDATE and on "ACCEPT and SUBSCRIBE":
 
  • You provide Your consent to the contents of Your Policy;
  • You confer the same legal value to Your Policy, as a document written and signed by hand [4].
 
[1] Pursuant to § 6, 7 VVG and § 312 b BGB.
[2] Pursuant to § 312 b ff BGB.
[3] Pursuant to § 246b des Einführungsgesetzes zum Bürgerlichen Gesetzbuche and § 312 b BGB ff.
[4] Pursuant to §246c des Einführungsgesetzes zum Bürgerlichen Gesetzbuche and § 312 b BGB ff.
 
DE2ZCOMP02
© PSA Insurance Solutions
PSA Insurance Solutions Ltd Reg No: C83206 is a limited liability company under Maltese Law, having its registered address at: MIB building 53 Abate Rigord Street Ta’ Xbiex Malta, Tel + 356 22 58 34 92. The company is enrolled to act as an insurance agent in terms of the Insurance Intermediaries Act, 2006 by the Malta Financial Services Authority (MFSA), Notabile Road, Attard BKR 3000, Malta.
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